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Competition Matters

Unpacking Divestiture Packages

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Crafting effective merger remedies is one of the Commission’s most important tasks. Done well, a divestiture prevents the competitive harm likely to result from a proposed merger and ensures that...
Competition Matters

The uphill case for a post-Order divestiture

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Designing effective merger remedy orders is one of the Commission’s most important tasks. An effective merger remedy prevents the merger from causing harm. For many years – ever since our 1999...
Competition Matters

HSR threshold adjustments and reportability for 2019

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When Congress passed the Hart-Scott-Rodino Antitrust Improvements Act of 1976, it created minimum dollar thresholds to limit the burden of premerger reporting. In 2000, it amended the HSR statute to...
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Merger Review

How Mergers are Reviewed Among the key provisions in U.S. antitrust law is one designed to prevent anticompetitive mergers or acquisitions. Under the Hart-Scott-Rodino Act, the FTC and the Department...
Competition Matters

U.S. Privilege Following Akzo Nobel v. European Commission

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Lawyers who have been paying attention to such things might recall the predicted fallout from the decision in Akzo Chemicals Ltd v. European Commission, Case C-550/07-P (September 14, 2010). In Akzo...
Competition Matters

FTC at work outside the Beltway

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This week, we are celebrating the 100th anniversary of the opening of the first FTC regional office. According to the Commission’s 1918 Annual Report, the FTC first established three branch offices in...
Competition Matters

Lessons from FTC v. Wilhelmsen for merger practitioners

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Last month, Judge Tanya S. Chutkan of the United States District Court for the District of Columbia granted the FTC’s Motion for Preliminary Injunction, halting Wilhelmsen’s proposed acquisition of...
Competition Matters

It takes less time to do a thing right

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Longfellow said “It takes less time to do a thing right than to explain why you did it wrong.” We agree, especially when it comes to designing effective merger remedies—ones that maintain competition...
Competition Matters

Timing is everything: The Model Timing Agreement

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The Bureau of Competition has undertaken several initiatives to streamline our merger review process in order to reach swifter resolutions—whether that be clearance, a negotiated settlement, or a...